Florida/Georgia Personal Injury & Workers Compensation

...Bicycles are regulated in chapter 316, Florida Statutes (1989), the Florida Uniform Traffic Control Law. The stated purpose of chapter 316 is to "make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities." § 316.002, Fla....

...nable exercise of the police power. With the exception of the regulations permitted by section 316.008, local governments are specifically prohibited from passing or attempting to enforce any ordinance in conflict with the provisions of chapter 316. § 316.002, Fla....

...The statute at issue here is found within chapter 316 of the Florida Statutes entitled "Florida Uniform Traffic Control Law." § 316.001, Fla. Stat. (2001) (emphasis supplied). The stated purpose of this chapter of the Florida Statutes was outlined by the Legislature in section 316.002: It is the legislative intent in the adoption of this chapter to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities. § 316.002, Fla....

...t. I address each in turn. First, the majority notes that section 316.650(9) appears in the Florida Uniform Traffic Control Law, whose opening provision expresses a "legislative intent ... to make uniform traffic laws to apply throughout the state," § 316.002, Fla....

...The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound. (d) The motor vehicle from which the sound is produced must be located upon (stopped, standing or moving) any street or highway as defined by Section 316.002(53), F.S....

...had previously been misdemeanor traffic offenses into "noncriminal infractions" subject only to "civil penalties." [11] In that regard, the legislature made violations of the state uniform traffic control code (chapter 316) merely civil infractions. Section 316.002 provides: It is the legislative intent in the adoption of this chapter to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities....

...Moreover, the expressed legislative intent behind the passage of the Uniform Traffic Control Law was "to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities." § 316.002, Fla....

for which continuous residence is required under § 316.2(a)(3) and (a)(6) shall disrupt the continuity of

...The Florida legislature's intent in adopting the Florida Uniform Traffic Control Law was "to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities." Fla. Stat. § 316.002 (purpose); accord, Fla....

...The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound. (d) The motor vehicle from which the sound is produced must be located upon (stopped, standing or moving) any street or highway as defined by Section 316.002(53), F.S....

...The legislature has placed its recent enactment regarding open container violations within the Florida Uniform Traffic Control Law. Ch. 316, Fla. Stat. (1989). This chapter is generally intended to create a uniform, statewide traffic control system. See § 316.002, Fla....

§§ 312.1(a), 312.2(a) (1998); see also 8 C.F.R. § 316.2(b) (1998). The N-648 form serves as both an application

apply in all municipalities.” § 316.002, Fla. Stat. (2008). Section 316.002 also makes it “unlawful for

...Chapter 316 contains two broad preemption provisions. The first provision, which both states a legislative purpose of uniformity and recognizes the need for municipalities to “control certain traffic movement or parking in their respective jurisdictions,” is found in section 316.002: -5-  It is the legislative intent in the adoption of this chapter to make uniform traffic laws to apply throughout the state and its several counties and uniform t...

...uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized.” (Emphasis added.) As indicated in section 316.002, section 316.008 contains an enumeration of specific powers that local authorities may exercise to control traffic movement or parking in their respective jurisdictions “within the reasonable exercise of the police power.” Sect...

...evices” does not, however, explicitly provide authority for local governments to adopt measures for the punishment of conduct that is already subject to punishment under the framework established by chapters 316 and 318. As broadly described in section 316.002, the powers granted to municipalities by section 316.008 are powers by which “municipalities may control certain traffic movement or parking in their respective jurisdictions.” “Control[ling] certain traffic movement” throu...

...concerning topics already addressed by the Florida Uniform Traffic Control Law. However, the Florida Uniform Traffic Control Law also expressly authorizes municipalities to legislate within certain enumerated areas. In fact, as recognized by the majority, section 316.002, Florida Statutes, explicitly states that [t]he Legislature recognizes that there are conditions which require municipalities to pass certain other traffic ordinances in regulation of municipal traffic that are not...

...Section 316.008 enumerates the area within which municipalities may control certain traffic movement or parking in their respective jurisdictions. This section shall be supplemental to the other laws or ordinances of this chapter and not in conflict therewith. § 316.002, Fla....

...my review of chapter 316 and our precedent does not support the majority’s interpretation. Rather than attempt to harmonize the ordinances in a way that does not conflict with the statutory scheme, the majority reads this authorizing section too narrowly. When sections 316.002 and 316.008 are examined together, “the plain text of the Uniform Traffic Control Law expressly confers authority to a municipal government to regulate traffic within its municipal boundaries as a reasonable exercise of its police power...

...The plain text of the Florida Uniform Traffic Control Law expressly confers authority to a municipal government to regulate traffic within its municipal boundaries where such regulation “does not conflict, but supplements the laws found therein.” City of Aventura, 89 So. 3d at 236; see § 316.002, Fla. Stat....

...to state or county government by the constitution or by general law. ■ Chapter 316, the Florida Uniform Traffic Control Law, provides for uniform traffic laws throughout the state and that municipal ordinances are not to conflict with those laws. Section 316.002, entitled “Purpose,” provides in pertinent part that: It is the legislative intent in the adoption of this chapter to make uniform traffic laws to apply throughout the state.......

...Express preemption of a field by the Legislature must .be accomplished by clear language stating that intent. Id. Implied preemption exists when the legislative scheme is so pervasive the local ordinance would conflict with that pervasive regulatory scheme. Id. The language in section 316.002 and section 316.007, where it specifically states the intent of the Legislature for uniformity of the traffic laws throughout the state prohibiting any local government from enacting or enforcing local laws covered by or in conflict w...

...[[Image here]] (w) Regulating, restricting, or monitoring traffic by security devices or personnel on public streets and highways, whether by public or private parties and providing for the construction and maintenance of such streets and highways. Section 316.002 further states: “Section 316.008 enumerates the area within which municipalities may control certain traffic movement or parking....” However, the City’s ordinance enforces traffic violations of a subject area that is covered and enforced by state law. This is the type of conduct that is expressly prohibited in the language of section 316.002 and section 316.008....

traffic ordinances to apply in all municipalities.” § 316.002, Fla. Stat. (2010). The issue in this case has

...ascertaining what the Legislature intended. Tallahassee Mem’l [v. Tallahassee Med. Ctr., 681 So.2d 826, 831 (Fla. 1st DCA 1996) ]. 28 So.3d at 886 . In discussing implied preemption in Sarasota Alliance, the Florida Supreme Court stated: Sections 316.002 and 316.007, Florida Statutes (2014), both provide express preemption for chapter 316. Section 316.002 preempts local regulation of traffic laws, except as expressly permitted, and states: Preemption is implied “when ‘the legislative scheme is so pervasive as to evidence an intent to preempt the particular area, and where strong pu...

...However, this section shall- not prevent any local authority from enacting an ordinance when such enactment is necessary to vest jurisdiction of violation of this chapter in the local court. (Emphasis added). The express preemption established by sections 316.002 and 316.007 has been interpreted by the Florida Supreme Court as “broad preemption.” Masone, 147 So.3d at 496 . The question then becomes whether the ordinances at issue impact areas expressly preempted by sections 316.002 and 316.007; if not, do any other provisions of Florida law require express or implied preemption, or are they in conflict; and if the ordinances would otherwise be preempted, whether they are nonetheless permissible under section 316.008....

...The regulatory scheme for firework sellers has no express preemption and specifically permits counties to require a higher bond than Florida law requires, showing that the area of regulation has not been expressly preempted. Thus, we find Phantom of Brevard to be distinguishable because the broad preemptions in sections 316.002 and 316.007 preclude supplemental ordinances covering the subject of chapter 316 other than as allowed by section 316.008....

...s impliedly preempted the field of motor vehicle insurance. Experimental Regulation to Cover Special Conditions? Finally, we look to chapter 316 again to determine if the Legislature has *789 created an exception to the preemption of the ordinances. Section 316.002 does allow municipalities to control certain traffic movement or parking as provided by section 316.008....

...The local governments argue that section 316.008(l)(t), which allows local governments to adopt “temporary or experimental regulations as may be necessary to cover emergencies or special conditions,” applies to the ordinances thereby exempting them from the express preemption created by sections 316.002 and 316.007....

...ts within the municipality. Chapter 316, F. S., the Florida Uniform Traffic Control Law, was enacted to `make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities.' Section 316.002 ....

...all municipalities. While municipalities may control certain traffic movement or parking in their jurisdictions, it is clear that any such authority is `supplemental to the other laws or ordinances of this chapter and not in conflict therewith.' See s. 316.002 , which also states that it is unlawful for any local authority (which includes all officials of the several counties and municipalities, s....

...S., which operates to prohibit a municipality from exercising any power for municipal purposes or enacting any municipal regulation when expressly prohibited by law or when the subject matter is expressly preempted to the state by general law. The aforesaid provisions of ss. 316.002 and 316.007 operate to prohibit and have the effect of prohibiting any local legislation on traffic control or the enforcement thereof under the police power by a municipality, except as may be expressly authorized by the Uniform Traffic Control Law....

...r, in enacting ch. 316, F. S., recognized that there are conditions which require municipalities to pass certain traffic ordinances regulating municipal traffic that are not required to regulate the movement of traffic outside of the municipalities, s. 316.002 ....

...The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound. (d) The motor vehicle from which the sound is produced must be located upon (stopped, standing or moving) any street or highway as defined by Section 316.002(53), F.S....

...The Florida Uniform Traffic Control Law, Chapter 316 , Florida Statutes, was enacted "to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities." 1 While a municipality may control certain traffic movement or parking in its jurisdiction, section 316.002 , Florida Statutes, makes it clear that any such authority is "supplemental to the other laws or ordinances of this chapter and not in conflict therewith." This section goes on to state that it is unlawful for any local authority, whi...

...limit on local streets in a residential area to 20 miles per hour when conditions warrant, the statute does not grant the same discretion to reduce the speed limit in nonresidential areas. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 316.002 , Fla....

...2005)). As a result of concerns about interference by municipalities in enacting and enforcing state traffic laws, the legislature adopted two sections which expressly limit the power of a municipality to legislate over traffic matters — sections 316.002 and 316.007, Florida Statutes — so as “to create a uniform, statewide traffic control system.” State v....

...“history of inconsistency of penalties imposed” by the municipal courts and the inconsistency of traffic laws in municipalities across the state. Miller v. City of Indian Harbour Beach, 453 So. 2d 107, 111-12 (Fla. 5th DCA 1984).1 First, in section 316.002 the legislature identified the purpose of chapter 316 as being “to make uniform traffic laws to apply throughout the state ....

...ns of governmental agencies, and raise serious barriers to interstate and intrastate travel and commerce.” Ch. 71-135, Laws of Fla. -5- “stated purpose” of chapter 316 is “outlined” in section 316.002). Section 316.002 expressly limits the power of municipalities to legislate over traffic matters, as follows: “Section 316.008 enumerates the area within which municipalities may control certain traffic movement or parking in their respective jurisdictions.” Id. The powers of a municipality to legislate on traffic matters are thus limited to those enumerated in section 316.008. Finally, section 316.002 makes it “unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter.” Id. Consistent with section 316.002, section 316.007, like a constitutional provision over traffic matters, declares the principle of uniformity and the supremacy of chapter 316: “The provisions of this chapter shall be applicable and uniform throughout this state and...

...subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized.” § 316.007, Fla. Stat. (2013) (italics supplied). The section 316.007 prohibition is even broader than that of 316.002; while section 316.002 precludes ordinances that “conflict” with chapter 316, section 316.007 bars ordinances “on a matter covered by [chapter 316] unless expressly authorized.” Id....

ordinances to apply in all municipalities." Section 316.002, F.S. In the preamble to Ch. 71-135, Laws of

...ontrol Law." § 316.001, Fla. Stat. (2014). The Legislature's intent in creating the chapter was "to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities." Id. § 316.002. Section 316.002 makes it unlawful "for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of" chapter 316....

...We now turn to address Jimenez's argument regarding uniformity. 5 B. Uniformity Jimenez also argues that the City's adoption and use of its own set of standards, or guidelines, for determining whether a traffic infraction has occurred violates the uniformity principle set forth in chapter 316. See § 316.002, .007, Fla....

the "Florida Uniform Traffic Control Law."2 Section 316.002, Florida Statutes, expresses the legislative

316, F.S.] and not in conflict therewith." Section 316.002, F.S. See, s. 316.008, F.S., expressly enumerating

...in Chapter 316 , Florida Statutes, or elsewhere authorizes the city to limit the right of the public to use such roadways for the exclusive benefit of the home owners in the area and their invitees. Sincerely, Charlie Crist Attorney General CC/tgh 1 Section 316.002 , Fla....

in which local governments could regulate.3 Section 316.002, Florida Statutes, provides that "[i]t is unlawful

...2 The provisions of Chapter 316 , Florida Statutes, are "applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized ." 3 (e.s.) Section 316.002 , Florida Statutes, specifically states that it is unlawful for any local authority to pass or attempt to enforce any ordinance in conflict with the provisions of Chapter 316....

...Based upon the above, I concur in that conclusion. Accordingly, I am of the opinion that while a county may enforce state traffic laws on state roads, it may not impose additional more stringent regulations on such roads. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 316.002 , Fla....

authorized to do so by the Legislature). 6 Section 316.002, Fla. Stat. 7 See, s. 316.003(20), Fla. Stat

...16.189 , F.S., MAY BE ENFORCED? The Florida Uniform Traffic Control Law, Ch. 316 , F.S., was enacted "to make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities." Section 316.002 , F.S....

...1969, and the suggested laws and ordinances contained in the Uniform Vehicle Code and the Model Traffic Ordinances into one uniform law applicable throughout the state and to all its municipalities and political subdivisions. While municipalities may control certain traffic movement or parking in their jurisdiction, s 316.002 , F.S., makes it clear that any such authority is "supplemental to the other laws or ordinances of this chapter and not in conflict therewith." This section goes on to state that it is unlawful for any local authority, which includes municipa...

...And see, City of Miami Beach v. Rocio Corp., 404 So.2d 1066 (3 D.C.A.Fla., 1981), Pet. for rev. den., 408 So.2d 1092 (Fla. 1981) (municipal ordinances are inferior to state law and must fail when conflict arises). The aforementioned provisions of ss 316.002 and 316.007 operate to prohibit any conflicting local legislation on traffic control or the enforcement thereof under the police power by a municipality, except as may be expressly authorized by the Uniform Traffic Control Law....

...316 , F.S., recognizes that there are certain traffic regulatory matters over which a municipality may by ordinance regulate, it is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of Ch. 316. Section 316.002 , F.S....

of Federal Regulations deals with E Bonds. Section 316.2(e) provides: (e) Investment yield (interest)

the "Florida Uniform Traffic Control Law."1 Section 316.002, Florida Statutes, expresses the legislative

providing the short title for the act. 2 Section 316.002, Fla. Stat., setting forth the Legislature's

the "Florida Uniform Traffic Control Law." Section 316.002, Florida Statutes, expresses the legislative

uniform application throughout the state, section 316.002, Florida Statutes, provides that "[i]t is unlawful

liability insurance and indemnification. 2 Section 316.002, F.S. 3 See, the preamble to Ch. 71-135, Laws

...mber lights on its vehicles while patrolling. The Legislature, by enactment of Ch. 316 , F.S., has provided uniform laws to apply throughout the state and its several counties and uniform traffic ordinances to apply to all municipalities. 3 Further, s. 316.002 , F.S., states "[i]t is unlawful for any local authority to pass or to attempt to enforce any ordinance in conflict with the provisions of this chapter." Section 316.2397 (6), F.S., prohibits flashing lights on vehicles, "except as a means...

...c has a right to travel by motor vehicle. And see, AGO 81-41, in which this office concluded that a municipality may provide law enforcement protection on all roads within the municipality where the public has the right to travel by motor vehicle. 3 Section 316.002 , F.S....

A. Butterworth Attorney General RAB/tls 1 Section 316.002, Fla. Stat. 2 See, the preamble to Ch. 71-135

...until a green indication is shown. . . ." 2 Counties have been given original jurisdiction to control traffic over all streets and highways located within their boundaries, except all state roads and roads under the jurisdiction of municipalities. 3 Section 316.002 , Florida Statutes, however, precludes counties from passing ordinances in conflict with the provisions of Chapter 316....

...lorida Statutes. Accordingly, it is my opinion that service of traffic citations for violations of Chapter 316 , Florida Statutes, may be made by mail only when authorized by statute. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 See , s. 316.002 , Fla....

ordinances to apply in all municipalities. Section 316.002, F.S. In the preamble to Ch. 71-135, Laws of

providing the short title for the act. 2 Section 316.002, Fla. Stat., setting forth the Legislature's

purpose for adopting this law is expressed in section 316.002, Florida Statutes: "It is the legislative intent

ordinances to apply in all municipalities." Section 316.002, F.S. In the preamble to Ch. 71-135, Laws of

...9 Accordingly, I am of the opinion that a municipality has the authority to set a 30 miles per hour speed limit on that portion of a county road that runs through a residential district and is located within the municipality. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 316.002 , Fla. Stat. 2 See , the preamble to Ch. 71-135, Laws of Florida, creating Ch. 316 , Fla. Stat. 3 Section 316.007 , Fla. Stat. See , s. 316.002 , Fla....

...ignals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic." 6 303 So.2d 74 , 75 (Fla. 3d DCA 1974). 7 Section 316.002 , Fla....

...S., control and regulate certain traffic movement under s. 316.008 , F. S., by resolution or may it act only by ordinance? SUMMARY: A municipality controlling and regulating traffic movement within its jurisdiction under police power delegated to it under ss. 316.002 and 316.008 (1)(d) and (f), F....

...In 1971, the Florida Legislature enacted Ch. 316, F. S., the Florida Uniform Traffic Control Law, in order to `make uniform traffic laws to apply throughout the state and its several counties and uniform traffic ordinances to apply in all municipalities,' s. 316.002 , F....

...tain other traffic ordinances regulating municipal traffic, and it expressly specified that s. 316.008 , F. S., enumerates the area within which the municipalities are authorized to control certain traffic movement in their respective jurisdictions. Section 316.002 , F. S. Section 316.002 also makes it unlawful for a municipality to pass or attempt to enforce any ordinance in conflict with the provisions of Ch....

...316] unless expressly authorized.' Section 316.008 provides such express authorization for the `certain other traffic ordinances in regulation of municipal traffic' and `the area within which municipalities may control certain traffic movement or parking' referred to in s. 316.002 and expressly authorizes municipalities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power , to designate `particular highways or roadways for use by traffic moving in one direction,' and `any street as a through street or ....

...VIII, State Const., and, among other things, delegates to municipalities the governmental power to enable them to conduct municipal government and authorizes them to exercise any power for municipal purposes except where expressly prohibited by law. The aforestated provisions of ss. 316.002 and 316.007 , F....

...police power by the several municipalities. Moreover, these and other provisions of Ch. 316, F. S., constitute an express preemption of this area of traffic control and regulation to the state within the contemplation of s. 166.021 (3)(c). Sections 316.002 , 316.007 , and 316.008 (1), F....

...While s. 316.008 does not specify whether the prescribed regulation of traffic within a municipality shall be by ordinance or resolution, various provisions within Ch. 316, F. S., use the term ordinance with respect to local regulation. See, e.g ., s. 316.002 , F....

...rily vested with any authority and jurisdiction to enforce the proscribed traffic offenses and regulations. Accordingly, based upon the foregoing considerations, I must conclude that a municipality, in exercising the police power delegated to it by ss. 316.002 and 316.008 (1)(d) and (f), F....

parking in their respective jurisdictions.' Section 316.002, F. S. The last cited section also makes it

...AS TO QUESTION 2: Chapter 316 , F.S., enacts uniform traffic laws to apply throughout the state. These uniform laws supplant county and municipal traffic ordinances, except with respect to the limited types of municipal traffic regulations enumerated in s. 316.008 . According to the legislative intent expressed in s. 316.002 , these limited areas of exception are supplemental to the provisions of Ch. 316; and, under the express terms of the law, it is "unlawful for any local authority to pass or attempt to enforce any ordinance in conflict with the provisions of this chapter." (Emphasis supplied.) Section 316.002 ....

ordinances to apply in all municipalities. Section 316.002, F.S. In the preamble to Ch. 71-135, Laws of